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Articles 1 - 11 of 11
Full-Text Articles in Law
Full Court Press: Northwestern University, A New Challenge To The Ncaa, William B. Gould Iv, Glenn M. Wong, Eric Weitz
Full Court Press: Northwestern University, A New Challenge To The Ncaa, William B. Gould Iv, Glenn M. Wong, Eric Weitz
Loyola of Los Angeles Entertainment Law Review
In recent years, a host of issues have arisen between the National Collegiate Athletic Association (NCAA) and the college athletes who provide the labor from which the NCAA and its member universities derive their profits. Many of these issues have been heavily publicized and have spurred a heated debate over the status of college athletes and the future of the collegiate athletic system. This Article primarily focuses on the issue of college athletes’ status as employees for purposes of federal labor law. The significant increase in the popularity of college sports in recent years has led to conference realignment, facility …
Abracadabra! - Why Copyright Protection For Magic Is Not Just An Illusion, Janna Brancolini
Abracadabra! - Why Copyright Protection For Magic Is Not Just An Illusion, Janna Brancolini
Loyola of Los Angeles Entertainment Law Review
In early 2012, a Dutch magician did something unthinkable within the secretive and tight-knit magic community: he posted a YouTube video of himself performing a fellow magician’s illusion, and offered to reveal the secret to his viewers for a $3,050 fee. The illusion, however, was not just any old trick; it was the signature move of Raymond Teller, one half of the famous magic duo “Penn & Teller.” In April 2012, Teller took the unusual step of filing a lawsuit in federal court, alleging copyright infringement and unfair competition, to protect the secret behind his illusion. It is not clear, …
Attack Of The Clones: Copyright Protection For Video Game Developers, Brian Casillas
Attack Of The Clones: Copyright Protection For Video Game Developers, Brian Casillas
Loyola of Los Angeles Entertainment Law Review
This comment focuses on the case Tetris Holding, LLC v. Xio Interactive, Inc. and uses it to explore how video game developers’ original innovations are protected under copyright law so as to fully restrict those wishing to “clone” these innovations for their own financial gain. The comment begins by outlining relevant copyright concepts and statutes, using case examples, and detailing the analytical framework courts use to evaluate claims asserted under copyright law. It then discusses the accommodations by both the video game industry as well as online marketplaces in order to protect original content from being cloned. After evaluating these …
Injury By Algorithm: A Look Into Google's Liability For Defamatory Autocompleted Search Suggestions, Seema Ghatnekar
Injury By Algorithm: A Look Into Google's Liability For Defamatory Autocompleted Search Suggestions, Seema Ghatnekar
Loyola of Los Angeles Entertainment Law Review
Google’s Autocomplete search feature has gained wide popularity as it allows users to perform search queries quickly by suggesting several search terms in real-time as users type a search request in the Google search bar. These generated suggestions change in an algorithmic manner with each additional letter that a user types into Google’s search bar while conducting a search. They are based in part upon predictions made from previous users’ searches as well as several other factors related to the popularity and volume of search queries. As a result, Google claims its lacks complete control over the Autocomplete search results …
Say Uncle: New York's Chokehold Over Live Performance Of Mixed Martial Arts: Whether Combat Sports Are Protectable Speech And How Much Regulation Is Appropriate For Inherently Dangerous Sports, Ladan Shelechi
Loyola of Los Angeles Entertainment Law Review
In November 2011, the Ultimate Fighting Championship (“UFC”) and several other plaintiffs, including Mixed Martial Arts (“MMA”) fighters and fans, brought suit against New York State officials, challenging the constitutionality of New York’s Unconsolidated Law section 8905-a (“Ban”), which prohibits the live performance of professional MMA events in New York. In Jones v. Schneiderman, the plaintiffs argued that the Ban was a violation of their First Amendment right to free speech because the sport is expressive conduct. Originally, MMA was publicized as “no holds barred” and as a blood sport with almost no regulation, which drew the attention of the …
Public Shaming In The Digital Age: Are Criminal Laws The Most Effective Means To Regulate Revenge Porn?, Luke Fiedler
Public Shaming In The Digital Age: Are Criminal Laws The Most Effective Means To Regulate Revenge Porn?, Luke Fiedler
Loyola of Los Angeles Entertainment Law Review
This Note attempts to develop an initial framework for best regulating the growing trend of online harassment known as “revenge porn.” Revenge porn is the act of widely disseminating via the Internet nude or otherwise explicit photos or videos that were produced and exchanged while two individuals shared an intimate encounter or relationship. Oftentimes revenge porn “attacks” occur out of spite or scorn felt by one of the individuals as a way to publically humiliate the other individual. This Note argues for copyright law as the ideal area of the law from which revenge porn can and should be regulated. …
Batches Of Mismatches Regarding Laches: A Copyright-Focused Analysis Of Laches When The Statute Of Limitations Has Not Yet Run, Scott M. Salomon
Batches Of Mismatches Regarding Laches: A Copyright-Focused Analysis Of Laches When The Statute Of Limitations Has Not Yet Run, Scott M. Salomon
Loyola of Los Angeles Entertainment Law Review
This comment analyzes the Circuit split regarding whether laches can bar copyright infringement claims prior to the statute of limitations running and offers a recommendation for a resolution when the United States Supreme Court rules in Petrella v. Metro-Goldwyn-Mayer. The comment is split into five sections. First, it provides background information, including historical and general information on copyright, laches, the statute of limitations, and the difference between equitable and legal remedies. Next, the comment analyzes cases from each Circuit to understand where they lie on the spectrum of the Circuit split, ranging from complete prohibition of laches to allowing …
Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks
Adapt Or Die: Aereo, Ivi, And The Right Of Control In An Evolving Digital Age, Johanna R. Alves-Parks
Loyola of Los Angeles Entertainment Law Review
The advent of the Internet has had a great effect on the production, distribution, and consumption of television programming. The Supreme Court granted certiorari to ABC, Inc. v. Aereo, Inc. and will now review the issue of unlicensed digital distribution of copyrighted programming in its Spring 2014 term. This Comment will first briefly examine the origins and interconnection between television and digital media, culminating in a discussion of the repercussions of allowing unlicensed over-the-top retransmissions of network broadcast programming to continue to stream over the Internet. It will then examine the decisions in WPIX v. IVI, Inc., ABC, Inc. v. …
Unringing The Bell: Publicly Funded Art And The Government Speech Doctrine, John Barlow
Unringing The Bell: Publicly Funded Art And The Government Speech Doctrine, John Barlow
Loyola of Los Angeles Entertainment Law Review
This Article advances the novel argument that within the domain of removing publicly funded art from public display, the application of the Government Speech Doctrine is improper because of the current scope and policy considerations of the Doctrine, the mutable nature of art speech, and artist moral rights. As an alternative, this Article proposes a model statute legislatures should adopt that outlines an appropriate analytical framework for removing public art from public display that takes into consideration individual free speech rights, the government’s right to control its own messages, the nature of art speech, and artist moral rights.
The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang
The Dark Cloud Of Convenience: How The New Hipaa Omnibus Rules Fail To Protect Electronic Personal Health Information, Joyce L.T. Chang
Loyola of Los Angeles Entertainment Law Review
The 2013 Omnibus Rules (Rules) update to the Health Insurance Portability and Accountability Act (HIPAA) aims to increase the privacy of patient health information (PHI). Although there are increases in monetary penalty fees, there are still two major areas of weakness. First, the Rules fail to address the role of cloud storage technology. Traditionally, PHI was physically stored on-site the medical offices. However, the trend of outsourcing PHI storage to cloud computing creates a huge risk of privacy breaches as currently there are no federal standards on the security of cloud computing. This failure jeopardizes PHI privacy and leaves the …
America Off-Line: A Look At The Applicability Of The Americans With Disabilities Act On Streaming Digital Media And The Internet, Sean Pope
Loyola of Los Angeles Entertainment Law Review
In 2012, the National Association for the Deaf brought suit against Netflix for violating the Americans with Disabilities Act (“ADA”) by not captioning their streaming ondemand video content. The National Association for the Deaf won at the District Court level and Netflix has since settled the case. However, this case brought to the forefront the widening split between those Circuit Courts of Appeal which do not feel the ADA applies to online businesses, and those Circuits which believe that the ADA does apply to online businesses. One problem that complicates the analysis is the distinction and applicability of the ADA …